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BPOL and M&T Tax Revenue All 39 cities, 55 of 95 counties, and all towns levy a BPOL tax or fee in Virginia. In total, localities generated $683 million from BPOL taxes or 4.0 percent of their locally-generated revenue in fiscal year There is a wide range in reliance on BPOL revenues by localities -- up to 10.7 percent in cites and 6.2 percent in counties and 18 percent in large towns. Towns have the highest average reliance at 10.2%, cities at 5.2%, and counties at 3.2%. Generally, the larger, more populous areas of the state rely on the BPOL tax to a greater extent than smaller, rural areas. This is primarily due to their greater concentration of businesses. Hampton Roads, Northern Virginia, and the Richmond region all rely on BPOL taxes for more than four percent of their local revenue. 36 of 39 cities, 90 of 95 counties, and 23 of 36 largest towns levy a M&T tax in Virginia. In total, localities generated $213.7 million from M&T taxes or 1.3 percent of their locally-generated revenue for fiscal year There is a wide range in reliance on M&T revenues by localities -- up to 32 percent in cities, 27 percent in counties, and 36 percent in towns. Cities and towns have the highest average reliance at 1.6% and counties at 1.0% M&T tax revenues as a percent of total local revenues are more concentrated outside the “golden crescent” of Northern Virginia, Hampton Roads, and Richmond regions. This is primarily due to the greater reliance on manufacturing facilities in rural parts of the state for their local economies. However, it should be noted that Hampton Roads and Richmond PDC’s have the two largest absolute dollar amounts of M&T revenues. On average, Counties would have to raise their real estate tax rates 4.8 cents to equal an equivalent amount of BPOL revenue and 1.8 cents to equal an equivalent amount of M&T revenue; Cities 11.3 cents for BPOL and 3.3 cents for M&T revenue; Towns 7.2 cents for BPOL and 1.2 cents for M&T revenue. 9

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There is Wide Variation in Local Reliance on BPOL and M&T Taxes 10

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BPOL Administration Localities authorized to impose BPOL unless they already levy a merchants capital tax. County BPOL does not apply in incorporated towns unless town grants the county authority. Each business classification has a specific maximum tax rate applied to gross receipts. Revised guidelines in 1997 and 2000 made due dates, penalties, interest, appeals, and definitions of situs more uniform. In 2011, General Assembly allowed localities the option of imposing tax on either gross receipts or Virginia taxable income (§ ) and allowed localities to exempt new business from the tax for two years and allowed exemptions for unprofitable businesses (§ ). Localities can also impose a fee in lieu of tax up to a minimum threshold of gross receipts. JLARC directed in appropriation act to study (with the help of localities) the impact of changing basis of BPOL from gross receipts to net income. 11

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M&T Administration Under state constitution, all property is taxable. The tax rate on machinery and tools is lower than the rate imposed on other classes of tangible personal property. Idle machinery is classified as intangible property and not subject to local taxation. VML/VACO supported 2012 legislation that passed Senate providing a state grant for new equipment. 12

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BPOL and M&T Revenues Similar in Size to State Corporate Income Tax 13

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Virginia Ranks High in Overall Business Climate Virginia ranks highly in independent evaluations of state business climates. -Tax policy is only one of many factors. Of the individual factors used in judging business climate, cost-of-living and labor costs -- not tax policy, appear to be the worst rated factors in achieving business growth in Virginia. Virginia ranks better in tax climate than most other nearby states. Local BPOL and M&T taxes do not materially affect Virginia’s business tax climate according to rankings. 15 Sources:

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Overall Business Climate Rankings Forbes (2012)CNBC (2012) Chief Executive Area Development Virginia2379 North Carolina4428 Maryland163137not in top 10 Tennesssee Kentucky283617not in top 10 West Virginia454842not in top 10 Georgia8955 South Carolina

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Virginia Compared to Other States 18 Source: Virginia Compared to Other States, JLARC, 2012 Edition State Rank Per capita personal income8 State and local revenue as a percentage of personal income49 State and local taxes as a percentage of personal income43 Per capita state and local taxes22 Individual income taxes as a percentage of state and local tax revenue7 State motor fuel tax rate rank37